New Zealand Case Law: Decisions & Judgments

Topic

Severance of proceedings

Legal area

Court

27 Aug 2020

ROBERTS v ROBERTS [2020] NZHC 2193

Citation

[2020] NZHC 2193
Court

High Court

Peters J granted the applicant (Mr Roberts) an extension of time to bring an appeal but made it conditional: the appeal must not be pursued until after the half day Family Court hearing directed by Judge Burns to determine whether the PRA application to set aside the agreement should be heard separately or together with the substantive division and FPA applications; costs of the extension are to be met by Mr Roberts. The presiding Judge at the half day hearing is not bound by the tentative view expressed in the Minute and may determine procedure afresh. The question whether directions given i…
16 Oct 2019

ADAMA NEW ZEALAND LIMITED v RAAM CHEM PTE LIMITED [2019] NZHC 2637

Citation

[2019] NZHC 2637
Court

High Court

The court exercised its discretion under High Court Rules r 4.16(3)(b) and r 10.4 to sever the plaintiff's claim against the defendant from the defendant's claims against the third parties, so the plaintiff's claim proceeds immediately with a case management conference while the defendant's third party claims await further steps by the third parties; defendant granted leave to apply to expedite third party claims; no costs ordered.
7 Feb 2012

ORLOV V NEW ZEALAND LAW SOCIETY COA CA32/2012

Citation

openlaw-7b9ad18d_7306_4d39_8eb2_c57fc03b9876.pdf
Court

Court of Appeal

The Registrar's refusal to waive security for costs and the setting down fee was correct because the appeal concerned interlocutory orders that did not extinguish the appellant's substantive claims, the circumstances were not exceptional, the appeal did not raise matters of genuine public importance sufficient to justify waiver, and impecuniosity alone was insufficient to warrant waiver.

New Zealand Case Law

ROBERTS v ROBERTS [2020] NZHC 2193

ADAMA NEW ZEALAND LIMITED v RAAM CHEM PTE LIMITED [2019] NZHC 2637

ORLOV V NEW ZEALAND LAW SOCIETY COA CA32/2012